Afternoon Session
THE PRESIDENT: I understand that the Defendant Kaltenbrunner is now in court. Will you stand up, please?
[The Defendant Kaltenbrunner rose in the dock.]
THE PRESIDENT: In accordance with Article 24 of the Charter, you must now plead either guilty or not guilty.
ERNST KALTENBRUNNER: I plead not guilty. I do not believe that I have made myself guilty.
MR. ALDERMAN: May it please the Tribunal, I had just put in evidence our Document 1456-PS as Exhibit USA-148. I now read from that document on Page 17:
“The following is a new conception of the Führer, which Minister Todt has explained to me and which has been confirmed later on by Field Marshal Keitel:
“I. The course of the war shows that we went too far in our autarkical endeavors. It is impossible to try to manufacture everything we lack by synthetic procedures or other measures. For instance, it is impossible to develop our motor fuel economy to a point where we can entirely depend on it. All these autarkical endeavors demand a tremendous amount of manpower, and it is simply impossible to provide it. One has to choose another way. What one does not have but needs, one must conquer. The commitment of men which is necessary for one single action will not be as great as the one that is currently needed for the running of the synthetic factories in question. The aim must therefore be to secure all territories which are of special interest to us for the war economy by conquering them.
“At the time the Four Year Plan was established I issued a statement in which I made it clear that a completely autarkical economy is impossible for us because the need of men will be too great. My solution, however, has always been directed to securing the necessary reserves for missing stocks by concluding economic agreements which would guarantee delivery even in wartime.”
On this macabre note I come to the end of the story of this aggression. We have seen these conspirators as they planned, prepared, and finally initiated their wanton attack upon the Soviet Union. Others will carry on the tale and describe the horrible manner in which they waged this war of aggression and the countless crimes they committed in its wake. When I consider the solemn pledge of non-aggression, the base and sinister motives involved, the months of secret planning and preparation, and the unbelievable suffering intentionally and deliberately wrought—when I consider all of this, I feel fully justified in saying that never before—and, God help us, never again—in the history of relations between sovereign nations has a blacker chapter been written than the one which tells of this unprovoked invasion of the territory of the Soviet Union. For those responsible—and they are here before you, the defendants in this case—it might be just to let the punishment fit the crime.
I now turn to the final phase of the detailed presentation of the aggressive-war part of the case: German collaboration with Italy and Japan, and aggressive war against the United States. The relevant portions of the Indictment are set forth in Subsection 7 under Section IV (F) of Count One, appearing at Pages 9 and 10 of the printed English text of the Indictment. The materials relating to this unholy alliance of the three fascist powers and to the aggressive war against the United States have been gathered together in a document book, marked with the letter “Q,” which I now submit to the Tribunal.
Before moving on to the subject matter of this tripartite collaboration, I should like to invite the attention of the Tribunal to the significance of this phase. In the course of the joint presentation by the British and American Prosecution in the past several days, we have seen the swastika carried forward by force of arms from a tightly controlled and remilitarized Germany to the four corners of Europe. The elements of a conspiracy that I am now about to discuss project the Nazi plan upon a universal screen, involving the older world of Asia and the new world of the United States of America. As a result, the wars of aggression that were planned in Berlin and launched across the frontiers of Poland ended some six years later, almost to the day, in surrender ceremonies upon a United States battleship riding at anchor in the Bay of Tokyo.
The first formal alliance between Hitler’s Germany and the Japanese Government was the Anti-Comintern Pact signed in Berlin on 25 November 1936. This agreement, on its face, was directed against the activities of the Communist International. It was subsequently adhered to by Italy on 6 November 1937.
I ask the Tribunal to take judicial notice of these official state documents in accordance with Article 21 of the Charter. The German text of these treaties—the original German-Japanese Anti-Comintern Pact and the subsequent Protocol of Adherence by Italy—is to be found in Volumes 4 and 5 of the Dokumente der Deutschen Politik, respectively. The English translation of the German-Japanese Anti-Comintern Pact of 25 November 1936 is contained in our Document 2508-PS; the English translation of the Protocol of Adherence by Italy of 6 November 1937 is contained in our Document 2506-PS. Both of these documents are included in the document books which have just been handed up to the Tribunal.
It is an interesting fact, especially in the light of the evidence I shall submit regarding the Defendant Ribbentrop’s active participation in collaboration with the Japanese, that Ribbentrop signed the Anti-Comintern Pact for Germany at Berlin even though at that time, November 1936, Ribbentrop was not the German Foreign Minister but simply Hitler’s special Ambassador Plenipotentiary.
On 27 September 1940 some four years after the Anti-Comintern Pact was signed and one year after the initiation of war in Europe, the German, Italian, and Japanese Governments signed another pact at Berlin, a 10-year military-economic alliance. Again I note that the Defendant Ribbentrop signed for Germany, this time in his capacity as Foreign Minister. The official German text of this pact, as well as the Japanese and Italian texts together with an English translation, is contained in our Document 2643-PS, which has been certified by the signature and seal of the United States Secretary of State. I now offer in evidence Document 2643-PS as Exhibit USA-149.
The Tripartite Pact pledged Germany, Italy, and Japan to support of, and collaboration with, one another in the establishment of a New Order in Europe and East Asia. I should like to read into the record parts of this far-reaching agreement:
“The Governments of Germany, Italy, and Japan consider it as a condition precedent of a lasting peace, that each nation of the world be given its own proper place. They have, therefore, decided to stand together and to co-operate with one another in their efforts in Greater East Asia and in the regions of Europe, wherein it is their prime purpose to establish and maintain a new order of things calculated to promote the prosperity and welfare of the peoples there. Furthermore, it is the desire of the three Governments to extend this co-operation to such nations in other parts of the world as are inclined to give to their endeavors a direction similar to their own, in order that their aspirations towards world peace as the ultimate goal may thus be realized. Accordingly, the Governments of Germany, Italy, and Japan have agreed as follows:
“Article 1. Japan recognizes and respects the leadership of Germany and Italy in the establishment of a New Order in Europe.
“Article 2. Germany and Italy recognize and respect the leadership of Japan in the establishment of a New Order in Greater East Asia.
“Article 3. Germany, Italy, and Japan agree to co-operate in their efforts on the aforesaid basis. They further undertake to assist one another with all political, economic, and military means, if one of the three contracting parties is attacked by a power at present not involved in the European war or in the Chinese-Japanese conflict.”
I now skip to the first sentence of Article 6.
“The present pact shall come into force immediately upon signature and remain in force for 10 years from the date of its coming into force.”
The Tripartite Pact of 27 September 1940 thus was a bold announcement to the world that the fascist leaders of Germany, Japan, and Italy had cemented a full military alliance to achieve world domination and to establish a New Order presaged by the Japanese invasion of Manchuria in 1931, the ruthless Italian conquest of Ethiopia in 1935, and the Nazi overflow into Austria early in 1938. I might also comment that this fact introduces the Führerprinzip into world politics.
I should like to read in this connection a statement by Cordell Hull, Secretary of State of the United States, at the time of the signing of this Tripartite Pact. This statement appears in the official United States publication, Peace and War, United States Foreign Policy, 1931-1941, which has already been put in evidence as Exhibit USA-122. Mr. Hull’s statement is Number 184 therein. It is also our Document Number 2944-PS, and both the English text and a German translation thereof are included in the document books. I now quote a statement by the Secretary of State, 27 September 1940:
“The reported agreement of alliance does not, in view of the Government of the United States, substantially alter a situation which has existed for several years. Announcement of the alliance merely makes clear to all a relationship which has long existed in effect, and to which this Government have repeatedly called attention. That such an agreement has been in process of conclusion has been well known for some time, and that fact has been fully taken into account by the Government of the United States, in the determining of this country’s policies.”
That ends the quotation.
I shall not attempt here to trace the relationships and negotiations leading up to the Tripartite Pact of 27 September 1940. I shall note, however, one example of the type of German-Japanese relationship existing before the formalization of the Tripartite Pact. This is the record of the conversation of 31 January 1939 between Himmler and General Oshima, Japanese Ambassador at Berlin, which was referred to by the United States Chief of Counsel in his opening address. This document, which is signed by Himmler in crayon, is our Document Number 2195-PS. I offer it in evidence as Exhibit USA-150. I now quote the file memorandum:
“Today I visited General Oshima. The conversation ranged over the following subjects:
“1) The Führer speech, which pleased him very much, especially because it has been spiritually well founded in every respect.
“2) We discussed the conclusion of a treaty to consolidate the triangle Germany-Italy-Japan into an even firmer mold. He also told me that, together with German counter-espionage”—Abwehr—“he was undertaking long-range projects aimed at the disintegration of Russia and emanating from the Caucasus and the Ukraine. However, this organization was to become effective only in case of war.
“3) Furthermore, he had succeeded up to now in sending 10 Russians with bombs across the Caucasian frontier. These Russians had the mission to kill Stalin. A number of additional Russians whom he had also sent across had been shot at the frontier.”
Whatever the beginning and the course of development of the fascist triplice, the Nazi conspirators, once their military and economic alliance with Japan had been formalized, exhorted the Japanese to aggression against those nations with whom they were at war and those with whom they contemplated war. In this the conspirators pursued a course strikingly parallel to that followed in their relationship with the other member of the European Axis. On 10 June 1940 in fulfillment of her alliance with Germany, Italy had carried out her “stab in the back” by declaring war against France and Great Britain. These Nazi conspirators set about to induce similar action by Japan on the other side of the world.
As I shall show, the nations against whom the German-Japanese collaboration was aimed at various times were the British Commonwealth of Nations, the Union of Soviet Socialist Republics, and the United States of America. I shall deal with each of these nations in the order named.
At least as early as 23 February 1941—on the basis of documents available to us—these conspirators undertook to exploit their alliance with Japan by exhortations to commit aggression against the British Commonwealth. Again the figure of the Defendant Ribbentrop appears. On that date, 23 February 1941, he held a conference with General Oshima, the Japanese Ambassador to Berlin, at which he urged that the Japanese open hostilities against the British in the Far East as soon as possible.
The report of that conference, our Document 1834-PS, has already been offered in connection with the presentation of the case on aggression against the Soviet Union as Exhibit USA-129. A part of it has already been read into the record and I now intend to read other portions. I shall again come back to this document when dealing with the German-Japanese collaboration as regards the United States.
As can be seen on the cover page of the English translation, Ribbentrop on 2 March sent copies of an extract of the record of this conference to his various ambassadors and ministers for their strictly confidential and purely personal information with the further note that—and I quote:
“These statements are of fundamental significance for orientation in the general political situation facing Germany in early spring 1941.”
I shall now quote from the top of Page 2 of the English translation of 1834-PS, to the end of the first paragraph on that page, and then skip to the last three sentences of the second paragraph:
“Extract from the report of the conference of the Reich Foreign Minister with Ambassador Oshima in Fuschl on 13 February 1941.
“After particularly cordial mutual greetings the RAM (Reich Foreign Minister) declared that Ambassador Oshima had been proved right in the policy he had pursued regarding Germany in the face of the many doubters in Japan. By Germany’s victory in the West these policies had been fully vindicated. He (the RAM)”—that is Ribbentrop—“regretted that the alliance between Germany and Japan, for which he had been working with the ambassador for many years already, had come into being only after various detours; but public opinion in Japan had not been ripe for it earlier. The main thing was, however, that they are together now.”
Then, skipping:
“Now that the German-Japanese alliance has been concluded, Ambassador Oshima is the man who gets credit for it from the Japanese side. After conclusion of the alliance the question of its further development now stands in the foreground. How is the situation in this respect?”
Ribbentrop, thereafter in the conference, proceeded to shape the argument for Japanese intervention against the British. First outlining the intended air and U-boat warfare by Germany against England, he said—and I now quote the last two sentences in Paragraph 4, on Page 2, of the English translation:
“Thereby England’s situation would take catastrophic shape overnight. The landing in England is prepared; its execution, however, depends on various factors, above all on weather conditions.”
And then skipping and picking up at the first full paragraph on Page 3 of the English translation, I quote the Defendant Ribbentrop again:
“The Führer will beat England wherever he encounters her. Besides, our strength is not only equal but superior to a combined English-American air force at any time. The number of pilots at our disposal is unlimited. The same is true of our airplane production capacity. As far as quality is concerned, ours always has been superior to the English—to say nothing about the American—and we are on the way to enlarge even this lead. Upon order of the Führer the antiaircraft defense, too, will be greatly reinforced. Since the Army has been supplied far beyond its requirements and enormous reserves have been piled up—the ammunitions plants have been slowed down because of the immense stock of material—production now will be concentrated on submarines, airplanes, and antiaircraft guns.
“Every eventuality had been provided for; the war has been won today, militarily, economically, and politically. We have the desire to end the war quickly, and to force England to sue for peace soon. The Führer is vigorous and healthy, fully convinced of victory, and determined to bring the war as quickly as possible to a victorious close. To this end the cooperation with Japan is of importance. However, Japan, in her own interest, should come in as soon as possible. This would destroy England’s key position in the Far East. Japan, on the other hand, would thus secure her position in the Far East, a position which she could acquire only through war. There were three reasons for quick action:
“1) Intervention by Japan would mean a decisive blow against the center of the British Empire (threat to India, cruiser warfare, et cetera). The effect upon the morale of the British people would be very serious and this would contribute toward a quick ending of the war.
“2) A surprise intervention by Japan is bound to keep America out of the war. America, which at present is not yet armed and would hesitate greatly to expose her Navy to any risks west of Hawaii, could then less likely do this. If Japan would otherwise respect the American interests, there would not even be the possibility for Roosevelt to use the argument of lost prestige to make war plausible to the Americans. It is very unlikely that America would declare war if she then would have to stand by helplessly while Japan takes the Philippines without America being able to do anything about it.
“3) In view of the coming New World Order it seems to be in the interest of Japan also to secure for herself, even during the war, the position she wants to hold in the Far East at the time of a peace treaty. Ambassador Oshima agreed entirely with this line of thought and said that he would do everything to carry through this policy.”
I should like to note at this point the subtlety of Ribbentrop’s argument. First he told the Japanese Ambassador that Germany had already practically won the war by herself. Nevertheless he suggested that the war could be successfully terminated more quickly with Japan’s aid and that the moment was propitious for Japan’s entry. Then referring to the spoils of the conquest, he indicated that Japan would be best advised to pick up by herself during the war the positions she wanted, implying that she would have to earn her share of the booty, which is reminiscent of that statement I read to you earlier from the Führer, that “those who wished to be in on the meal must take a part in the cooking.”
Continuing Ribbentrop’s argument to show the real nature of the German-Japanese alliance, I shall now read the top two paragraphs on Page 5 of the English translation of 1834-PS:
“The Reich Foreign Minister continued by saying that it was Japan’s friendship which had enabled Germany to arm after the Anti-Comintern Pact was concluded. On the other hand, Japan had been able to penetrate deeply into the English sphere of influence in China. Germany’s victory on the continent has brought now, after the conclusion of the Three Power Pact, great advantages for Japan. France, as a power, was eliminated in the Far East (Indo-China). England, too, was considerably weakened; Japan had been able to close unsteadily on Singapore. Thus, Germany had already contributed enormously to the shaping of the future fate of the two nations. Due to our geographical situation, we should have to carry the main burden of the final battle in the future, too. If an unwanted conflict with Russia should arise, we should have to carry the main burden also in this case. If Germany should ever weaken, Japan would find herself confronted by a world coalition within a short time. We would all be in the same boat. The fate of both nations would be determined for centuries to come. The same was true for Italy. The interests of the three countries would never intersect. A defeat of Germany would also mean the end of the Japanese imperialistic idea.
“Ambassador Oshima definitely agreed with these statements and emphasized the fact that Japan was determined to keep her imperial position. The Reich Foreign Minister then discussed the great problems which would arise after the war for the parties of the Three Power Pact from the shaping of a new order in Europe and East Asia. The problems arising then would require a bold solution. Thereby no over-centralization should take place; but a solution should be found on a basis of parity, particularly in the economic realm. In regard to this the Reich Foreign Minister advanced the principle that a free exchange of trade should take place between the two spheres of influence on a liberal basis. The European-African hemisphere under the leadership of Germany and Italy, and the East Asian sphere of interest under the leadership of Japan. As he conceived it, for example, Japan would conduct trade and make trade agreements directly with the independent states in the European hemisphere as heretofore, while Germany and Italy would trade directly and make trade agreements with the independent countries within the Japanese orbit of power, such as China, Thailand, Indo-China, et cetera. Furthermore, as between the two economic spheres, each should fundamentally grant the other preferences with regard to third parties. The Ambassador expressed agreement with this thought.”
In the document I have just quoted from we have seen the instigation to war by the Defendant Ribbentrop, the German Foreign Minister. I shall return to him again in this connection.
I now wish to show, however, the participation of the so-called military representatives in the encouragement and provocation of further wars of aggression. I therefore offer in evidence our Document Number C-75 as Exhibit USA-151.
This document is a top-secret order signed by the Defendant Keitel as Chief of the OKW and entitled, “Basic Order Number 24 regarding Collaboration with Japan.” It is dated 5 March 1941, about a week and a half after Ribbentrop’s conference with Oshima that I have just discussed. It was distributed in 14 copies to the highest commands of the Army, Navy, and Air Force as well as to the Foreign Office. We have turned up two copies of this order, identical except for handwritten notations, presumably made by the recipients. C-75, the document I have introduced, is copy Number 2 of the order distributed to the naval war staff of the Commander-in-Chief of the Navy, the OKM. We also have Copy number 4, designed for the Wehrmacht Führungsstab (the Operations Staff of the High Command of the Armed Forces). The head of this Operations Staff was the Defendant Jodl. Copy Number 4 was found in the OKW files at Flensburg. It is our Document Number 384-PS, and was referred to by the United States Chief of Counsel in his opening address. I shall not burden the Tribunal and the record by introducing two identical copies of the same order.
Basic Order Number 24 was the authoritative Nazi policy on collaboration with Japan. I shall, therefore, propose to read it in its entirety, some two pages of English translation:
“The Führer has issued the following order regarding collaboration with Japan:
“1. It must be the aim of the collaboration based on the Three Power Pact to induce Japan, as soon as possible, to take active measures in the Far East”—The underscoring is in the original document—“Strong British forces will thereby be tied down, and the center of gravity of the interests of the United States of America will be diverted to the Pacific. The sooner she intervenes, the greater will be the prospects of success for Japan in view of the still undeveloped preparedness for war on the part of her adversaries. The Barbarossa operation will create particularly favorable political and military prerequisites for this.”
Then there is a marginal note, “Slightly exaggerated.”
THE PRESIDENT: Do you have any idea when that marginal notation was put in?
MR. ALDERMAN: I assume that was written by the recipient of this copy of the order.
THE PRESIDENT: By whom?
MR. ALDERMAN: By the recipient of this particular copy of the order, which was the naval war staff.
“2. To prepare the way for the collaboration it is essential to strengthen the Japanese military potential with all means available. For this purpose the High Commands of the branches of the Armed Forces will comply in a comprehensive and generous manner with Japanese desires for information regarding German war and combat experience, and for assistance in military economics and in technical matters. Reciprocity is desirable, but this factor should not stand in the way of negotiations. Priority should naturally be given to those Japanese requests which would have the most immediate application in waging war. In special cases the Führer reserves the decisions for himself.
“3. The harmonizing of the operational plans of the two parties is the responsibility of the Naval High Command. This will be subject to the following guiding principles:
“a. The common aim of the conduct of war is to be stressed as forcing England to the ground quickly and thereby keeping the United States out of the war. Beyond this Germany has no political, military, or economic interests in the Far East which would give occasion for any reservations with regard to Japanese intentions.
“b. The great successes achieved by Germany in mercantile warfare make it appear particularly suitable to employ strong Japanese forces for the same purpose. In this connection every opportunity to support German mercantile warfare must be exploited.
“c. The raw material situation of the pact powers demands that Japan should acquire possession of those territories which it needs for the continuation of the war, especially if the United States intervenes. Rubber shipments must be carried out even after the entry of Japan into the war, since they are of vital importance to Germany.
“d. The seizure of Singapore as the key British position in the Far East would mean a decisive success for the entire conduct of war of the three powers.
“In addition, attacks on other systems of bases of British naval power—extending to those of American naval power only if the entry of the United States into the war cannot be prevented—will result in weakening the enemy’s system of power in that region and also, just like the attack on sea communications, in tying down substantial forces of all kinds (Australia). A date for the beginning of operational discussions cannot yet be fixed.
“4. In the military commissions to be formed in accordance with the Three Power Pact, only such questions are to be dealt with as equally concern the three participating powers. These will include primarily the problems of economic warfare. The working out of the details is the responsibility of the main commission with the co-operation of the Armed Forces High Command.
“5. The Japanese must not be given any intimation of the Barbarossa operations.”
It is signed by Keitel as Chief of the Armed Forces High Command.
If the Tribunal will glance at the distribution list, you will see that it went to the heads of all the Armed Forces, Armed Forces High Command: Joint Operation Staff, Intelligence divisions, and to the chief of foreign affairs, simultaneously for the Foreign Office.
It appears from what I have just read that the Nazis’ cardinal operational principle in collaboration with Japan was, as early as March 1941, the inducement of Japan to aggression against Singapore and other British far eastern bases. I shall pass over, for the moment, other references to the United States in Basic Order Number 24 and take up that point later.
I now wish to refer to our Document Number C-152, which has already been introduced by the British prosecution as Exhibit GB-122. This document is the top-secret record of a meeting on 18 March 1941, about 2 weeks after the issuance of Basic Order Number 24; a meeting attended by Hitler, the Defendant Raeder, the Defendant Keitel, and the Defendant Jodl. We are concerned only with Paragraph 11 in this phase, where Raeder, then Commander-in-Chief of the Navy, is speaking. I quote:
“Japan must take steps to seize Singapore as soon as possible, since the opportunity will never again be as favorable (tie-up of the whole English Fleet; unpreparedness of U.S.A. for war against Japan; inferiority of the United States Fleet in comparison with the Japanese). Japan is indeed making preparations for this action; but according to all declarations made by Japanese officers, she will only carry it out if Germany proceeds to land in England. Germany must, therefore, concentrate all her efforts on spurring Japan to act immediately. If Japan has Singapore, all other East Asiatic questions regarding the U.S.A. and England are thereby solved (Guam, Philippines, Borneo, Dutch East Indies).
“Japan wishes, if possible, to avoid war against the U.S.A. She can do so if she determinedly takes Singapore as soon as possible.”
The fact clearly appears from these minutes that military staff conferences had already been held with the Japanese to discuss the activation of Japanese military support against the British and to urge their immediate attack on Singapore. I quote again the second sentence in that paragraph:
“Japan is indeed making preparations for this action; but according to all declarations made by Japanese officers, she will carry it out only if Germany proceeds to land in England.”
Apparently the Nazis were subsequently able to persuade the Japanese to eliminate this condition precedent to their performance under the contract.
I now turn to further efforts by the Defendant Ribbentrop to induce the Japanese to aggression against the British Commonwealth. On the 29th of March 1941 he met with the Japanese Foreign Minister, Matsuoka, who was then in Berlin. A report of their conversations found in the German Foreign Office archives is contained in our Document 1877-PS, which I now offer in evidence as Exhibit USA-152.
Relevant portions of this document have been translated into English. I shall now read from the top of Page 1 of the English translation:
“The RAM”—that is Ribbentrop—“resumed, where they had left off, the preceding conversation with Matsuoka about the latter’s impending talks with the Russians in Moscow. He expressed the opinion that it would probably be best, in view of the whole situation, not to carry the discussions with the Russians too far. He did not know how the situation would develop. One thing was certain, however, namely that Germany would strike immediately, should Russia ever attack Japan. He was ready to give Matsuoka this positive assurance so that Japan could push forward to the south on Singapore without fear of possible complications with Russia. The largest part of the German Army was on the Eastern frontiers of the Reich anyway and fully prepared to open the attack at any time. He (the RAM), however, believed that Russia would try to avoid developments leading to war. Should Germany, however, enter into a conflict with Russia, the U.S.S.R. would be finished off within a few months. In this case Japan would have, of course, even less reason to be afraid than ever, if she wants to advance on Singapore. Consequently, she need not refrain from such an undertaking because of possible fears of Russia.
“He could not know, of course, just how things with Russia would develop. It was uncertain whether or not Stalin would intensify his present unfriendly policy against Germany. He (the RAM) wanted to point out to Matsuoka in any case that a conflict with Russia was at least within the realm of possibility. In any case, Matsuoka could not report to the Japanese Emperor, upon his return, that a conflict between Russia and Germany was impossible. On the contrary, the situation was such that such a conflict, even if it were not probable, would have to be considered possible.”
I now skip five pages of the German text and continue directly with the English translation:
“Next, the RAM turned again to the Singapore question. In view of the fears expressed by the Japanese of possible attacks by submarines based on the Philippines, and of the intervention of the British Mediterranean and home fleets, he had again discussed the situation with Grossadmiral Raeder. The latter had stated that the British Navy during this year would have its hands so full in the English home waters and in the Mediterranean that it would not be able to send even a single ship to the Far East. Grossadmiral Raeder had described the United States submarines as so poor that Japan need not bother about them at all.
“Matsuoka replied immediately that the Japanese Navy had a very low estimate of the threat from the British Navy. It also held the view that, in case of a clash with the American Navy, it would be able to smash the latter without trouble. However, it was afraid that the Americans would not take up the battle with their fleet; thus the conflict with the United States might perhaps be dragged out to 5 years. This possibility caused considerable worry in Japan.
“The RAM replied that America could not do anything against Japan in the case of the capture of Singapore. Perhaps for this reason alone, Roosevelt would think twice before deciding on active measures against Japan. For while on the one hand he could not achieve anything against Japan, on the other hand there was the probability of losing the Philippines to Japan; for the American President, of course, this would mean a considerable loss of prestige, and because of the inadequate rearmament, he would have nothing to offset such a loss.
“In this connection Matsuoka pointed out that he was doing everything to reassure the English about Singapore. He acted as if Japan had no intention at all regarding this key position of England in the East. Therefore it might be possible that his attitude toward the British would appear to be friendly in words and in acts. However, Germany should not be deceived by that. He assumed this attitude not only in order to reassure the British, but also in order to fool the pro-British and pro-American elements in Japan just so long, until one day he would suddenly open the attack on Singapore.
“In this connection Matsuoka stated that his tactics were based on the certain assumption that the sudden attack against Singapore would unite the entire Japanese nation with one blow. (‘Nothing succeeds like success,’ the RAM remarked.) He followed here the example expressed in the words of a famous Japanese statesman addressed to the Japanese Navy at the outbreak of the Russo-Japanese war: ‘You open fire, then the nation will be united.’ The Japanese need to be shaken up to awaken. After all, as an Oriental, he believed in the fate which would come, whether you wanted it or not.”
I then skip again in the German text, and continue with what appears in the English translation:
“Matsuoka then introduced the subject of German assistance in the blow against Singapore, a subject which had been broached to him frequently, and mentioned the proposal of a German written promise of assistance.
“The RAM replied that he had already discussed these questions with Ambassador Oshima. He had asked him to procure maps of Singapore in order that the Führer—who probably must be considered the greatest expert on military questions at the present time—could advise Japan on the best method of attack against Singapore. German experts on aerial warfare, too, would be at her disposal; they could draw up a report, based on their European experiences, for the Japanese on the use of dive-bombers from airfields in the vicinity against the British Fleet in Singapore. Thus, the British Fleet would be forced to disappear from Singapore immediately.
“Matsuoka remarked that Japan was less concerned with the British Fleet than with the capture of the fortifications.
“The RAM replied that here, too, the Führer had developed new methods for the German attacks on strongly fortified positions, such as the Maginot Line and Fort Eben-Emael, which he could make available to the Japanese.
“Matsuoka replied in this connection that some of the younger expert Japanese Naval officers, who were close friends of his, were of the opinion that the Japanese Naval forces would need 3 months until they could capture Singapore. As a cautious Foreign Minister, he had doubled this estimate. He believed he could stave off any danger which threatened from America for 6 months. If, however, the capture of Singapore required still more time and if the operations would perhaps even drag out for a year, the situation with America would become extremely critical; and he did not know as yet how to meet it.
“If at all avoidable, he would not touch the Netherlands East Indies, since he was afraid that in case of a Japanese attack on this area, the oil fields would be set afire. They could be brought into operation again only after 1 or 2 years.
“The RAM added that Japan would gain decisive influence over the Netherlands East Indies simultaneously with the capture of Singapore.”
On the 5th of April, about a week after the conference from whose minutes I have just quoted, Ribbentrop again met with Matsuoka and again pushed the Japanese another step along the road to aggressive war. The notes of this conference, which were also found in the German Foreign Office archives, are contained in our Document 1882-PS, which I now offer as Exhibit USA-153. I shall read a few brief extracts from these notes, starting with the third paragraph on Page 1 of the English translation:
“In answer to a remark by Matsuoka that Japan was now awakened and, according to the Japanese temperament, would take action quickly after the previous lengthy deliberation, the Reich Foreign Minister replied that it was necessary, of course, to accept a risk in this connection just as the Führer had done successfully with the occupation of the Rhineland, with the proclamation of sovereignty of armament and with the resignation from the League of Nations.”
I now skip several pages of the German text and continue on with the English translation.
“The Reich Foreign Minister replied that the new German Reich would actually be built up on the basis of the ancient traditions of the Holy Roman Empire of the German nation, which in its time was the only dominant power on the European continent.
“In conclusion, the Reich Foreign Minister once again summarized the points he wanted Matsuoka to take back to Japan with him from his trips:
“1) Germany had already won the war. With the end of this year, the world would realize this. Even England would have to concede it, if she had not collapsed before then, and America would also have to resign herself to this fact.
“2) There were no conflicting interests between Japan and Germany. The future of both countries could be regulated for the long run on the basis that Japan should predominate in the Far East, Italy and Germany in Europe and Africa.
“3) Whatever might happen, Germany would win the war. But it would hasten victory if Japan would enter the war. Such an entry into the war was undoubtedly more in the interest of Japan than in that of Germany, for it offered a unique opportunity, which would hardly ever return, for the fulfillment of the national objectives of Japan—a chance which would make it possible for her to play a really leading role in East Asia.”
Here again, in the portion just quoted, we see Ribbentrop pursuing the same track I have previously noted. Germany has already won the war for all practical purposes. Japan’s entry will hasten the inevitable end. But Japan had better get the positions she wants during the war.
I also invite the Tribunal’s attention to Ribbentrop’s assurances, expressed in the quotation I read from 1877-PS previously, that Japan likewise had nothing to fear from the Soviet Union if Japan entered the conflict. The references to the weaknesses of the United States, scattered throughout the quotations I have read, were also an ingredient in this brew which was being so carefully prepared and brought to a boil.
I should like to introduce one more document on the part of the case dealing particularly with exhortation of the Japanese to aggression against the British Commonwealth. This is our Document 1538-PS, which I now offer as Exhibit USA-154. This document is a top-secret report, dated 24 May 1941, from the German Military Attaché in Tokyo to the Intelligence Division of the OKW. I wish merely to call attention, at this point, to the last sentence in the paragraph numbered 1, wherein it is stated—I quote: “The preparations for attack on Singapore and Manila stand.”
I shall return to this document later. I point out here, however, the fact which appears from the sentence I have just read, that the German military were keeping in close touch with the Japanese operational plans against Singapore, which the Nazi conspirators had fostered.
Next, exhortations by the Nazis to Japanese aggression against the U.S.S.R.
I invite the Tribunal’s attention, at this point, to the language of the Indictment on Page 10 of the English edition. I quote, beginning with the eighth line from the top of the page:
“The Nazi conspirators conceived that Japanese aggression would weaken and handicap those nations with whom they were at war and those with whom they contemplated war. Accordingly, the Nazi conspirators exhorted Japan to seek a ‘new order of things’.”
The evidence I have just adduced showed the Nazi exhortations with particular reference to the British Commonwealth of Nations. We now turn to their efforts to induce the Japanese to commit a “stab in the back” on the Union of Soviet Socialist Republics. Here again the Defendant Ribbentrop appears as the central figure.
For some months prior to the issuance of Basic Order Number 24 regarding collaboration with Japan, the conspirators had been preparing Fall Barbarossa, the plan for the attack on the U.S.S.R. Basic Order Number 24 decreed, however, that the Japanese “must not be given any intimation of the Barbarossa operation.”
In his conference with the Japanese Foreign Minister Matsuoka, on 29 March 1941, almost 3 weeks after the issuance of Basic Order Number 24, Ribbentrop nevertheless hinted at things to come. The report of this conference, contained in 1877-PS, has already been introduced as Exhibit USA-152 and read into the record. I wish to invite the Tribunal’s attention again to the first two paragraphs of the English translation of 1877-PS, where Ribbentrop assured Matsuoka that the largest part of the German Army was on the eastern frontiers of the Reich fully prepared to open the attack at any time. Ribbentrop then added that although he believed that the U.S.S.R. would try to avoid developments leading to war, nevertheless a conflict with the Soviet Union, even if not probable, would have to be considered possible.
Whatever conclusion the Japanese Ambassador drew from these remarks in April of 1941 can only be conjectured. Once the Nazis had unleashed their aggression against the U.S.S.R. in June of 1941, the tenor of Ribbentrop’s remarks left no room for doubt. On 10 July 1941 Ribbentrop dispatched a coded telegram to Ott, the German Ambassador in Tokyo. The telegram is our Document 2896-PS, which I now introduce as Exhibit USA-155. I quote from numbered Paragraph 4 of that telegram, which is the first paragraph of the English translation:
“Please take this opportunity to thank the Japanese Foreign Minister for conveying the cable report of the Japanese Ambassador in Moscow. It would be convenient if we could keep on receiving news from Russia this way. In summing up, I should like to say I have now, as in the past, full confidence in the Japanese policy and in the Japanese Foreign Minister; first of all because the present Japanese Government would really act inexcusably toward the future of their nation if they would not take this unique opportunity to solve the Russian problem, as well as to secure for all time its expansion to the south and settle the Chinese matter. Since Russia, as reported by the Japanese Ambassador in Moscow, is in effect close to collapse—a report which coincides with our own observations as far as we are able to judge the present war situation—it is simply impossible that Japan should not settle the matter of Vladivostok and the Siberian area as soon as her military preparations are completed.”
Skipping now to the middle of the second paragraph on Page 1 of the English translation—the sentence beginning “However . . .”:
“However, I ask you to employ all available means in further insisting upon Japan’s entry into the war against Russia at the earliest possible date, as I have mentioned already in my note to Matsuoka. The sooner this entry is effected, the better. The natural objective still remains that we and Japan join hands on the trans-Siberian railroad before winter starts. After the collapse of Russia, however, the position of the Three-Power-Pact States in the world will be so gigantic that the question of England’s collapse or the total destruction of the British Isles will be only a matter of time. An America totally isolated from the rest of the world would then be faced with our taking possession of the remaining positions of the British Empire which are important for the Three-Power-Pact countries. I have the unshakeable conviction that a carrying through of the New Order as desired by us will be a matter of course, and there would be no insurmountable difficulties if the countries of the Three Power Pact stand close together and encounter every action of the Americans with the same weapons. I ask you to report in the near future, as often as possible and in detail, on the political situation there.”
We have Ott’s reply to this telegram, dated 13 July 1941. This is our Document Number 2897-PS, which I offer in evidence as Exhibit USA-156. After reading the heading, I shall skip to the last paragraph on Page 3 of the German text, which is the paragraph appearing in the English translation:
“Telegram; secret cipher system”—Sent 14 July from Tokyo; arrived 14 July 1941—“As fast as possible.
“I am trying with all means to work toward Japan’s entry into the war against Russia as soon as possible, especially using arguments of personal message of Foreign Minister and telegram cited above to convince Matsuoka personally, as well as the Foreign Office, military elements, nationalists, and friendly businessmen. I believe that according to military preparations, Japanese participation will soon take place. The greatest obstacle to this against which one has to fight is the disunity within the activist group which, without unified command, follows various aims and only slowly adjusts itself to the changed situation.”
On subsequent occasions Ribbentrop repeated his exhortations to induce the Japanese to aggression against the U.S.S.R. I shall present three documents covering July of 1942 and March and April of 1943. The first is our Document 2911-PS which contains notes of a discussion between Ribbentrop and Oshima, Japanese Ambassador to Berlin, on 9 July 1942. As a matter of background I note that at this time German armies were sweeping forward in the U.S.S.R. and the fall of Sevastopol had just been announced.
I now offer our Document 2911-PS as Exhibit USA-157, and I quote the relevant extracts appearing in the English translation thereof:
“He, the German Minister, had asked to see the Ambassador at this time, when the situation was as described, because now a question of fateful importance had arisen concerning the joint conduct of the war. If Japan felt herself sufficiently strong militarily, the moment for Japan to attack Russia was probably now. He thought it possible that if Japan attacked Russia at this time, it would lead to her (Russia) final moral collapse; at least it would hasten the collapse of her present system. In any case, never again would Japan have such an opportunity as existed at present to eliminate once and for all the Russian colossus in eastern Asia.
“He had discussed this question with the Führer, and the Führer was of the same opinion; but he wanted to emphasize one point right away: Japan should attack Russia only if she felt sufficiently strong for such an undertaking. Under no circumstances should Japanese operations against Russia be allowed to bog down at the half-way mark, and we do not want to urge Japan into an action that is not mutually profitable.”
THE PRESIDENT: We will adjourn now, for 10 minutes.
[A recess was taken.]
MR. ALDERMAN: May it please the Tribunal, I now offer in evidence our Document Number 2954-PS as Exhibit USA-158. This is a record of a conference between Ribbentrop and Ambassador Oshima on 6 March 1943.
I note again for background that the strategic military situation in the broad expanses of the U.S.S.R. had changed somewhat.
In the previous month, February 1943, the Soviet armies had completely defeated the German forces at Stalingrad and inflicted very severe losses. Further north and west their winter offensive had removed large areas from the hands of the invader. Combined United States and British forces had already landed in North Africa.
You will remark as I read that the tone of Ribbentrop’s argument at this time reflects the changed military situation. The familiar Japanese refrain of “So sorry, please,” likewise appears to have crept in.
I note in this record that the month of February 1943 had also seen the end of the organized Japanese resistance on the Island of Guadalcanal.
I now quote the relevant extracts from the minutes of the discussion between Ribbentrop and Oshima on 6 March 1943, which appear in the English translation in the document book:
“Ambassador Oshima declared that he received a telegram from Tokyo, and he is to report by order of his Government to the Reich Minister for Foreign Affairs the following: The suggestion of the German Government to attack Russia was the subject of a common conference between the Japanese Government and the Imperial headquarters during which the question was discussed in detail and investigated exactly. The result is the following: The Japanese Government absolutely recognize the danger which threatens from Russia and completely understand the desire of their German ally that Japan on her part will also enter the war against Russia. However, it is not possible for the Japanese Government, considering the present war situation, to enter into the war. They are rather of the conviction that it would be in the common interest not to start the war against Russia now. On the other hand, the Japanese Government would never disregard the Russian question.
“The Japanese Government have the intention to become aggressive again in the future on other fronts.
“The RAM brought up the question, after the explanation by the Ambassador, how the continued waging of the war is envisaged in Tokyo. At present Germany wages the war against the common enemies, England and America, mostly alone, while Japan mostly behaves more defensively. However, it would be more correct that all powers allied in the Three Power Pact would combine their forces not only to defeat England and America, but also Russia. It is not good when one part must fight alone. One cannot overstrain the German national strength. He was inwardly concerned about certain forces at work in Tokyo, who were of the opinion, and propagated the same, that doubtless, Germany could emerge from the battle victoriously and that Japan should proceed to consolidate her forces before she should further exert herself to the fullest extent.”
I now skip several pages in the German text and resume the quotation:
“Then the RAM again brought up the question of the attack on Russia by Japan and he declared that, after all, the fight on the Burma front as well as in the south is actually more of a maritime problem; and on all fronts except those in China at best very few ground forces are stationed. Therefore the attack on Russia is primarily an Army affair, and he asked himself if the necessary forces for that would be available.”
Ribbentrop kept on trying. He held another conference with Oshima about 3 weeks later on 18 April 1943. The top-secret notes of this conference are contained in our Document 2929-PS, which I now offer as Exhibit USA-159. I shall quote only one sentence:
“The Reich Minister for Foreign Affairs then stressed again that, without any doubt, this year presented the most favorable opportunity for Japan, if she felt strong enough and had sufficient anti-tank weapons at her disposal, to attack Russia, which certainly would never again be as weak as she was at the moment.”
I now wish to come to that aspect of this conspiracy which is in a large measure responsible for the appearance of millions of Americans in uniform all over the world.
The Nazi preparations and collaboration with the Japanese against the United States, as noted by the United States Chief of Counsel in his opening statement, present a two-fold aspect; one of preparations by the Nazis themselves for an attack from across the Atlantic, and the other of fomenting war in the Pacific.
In the course of my presentation of the Nazi exhortations to the Japanese to war against the British Commonwealth and the U.S.S.R., I have referred to some documents and quoted some sentences relating to the United States. I shall take those documents up again in their relevant passages to show their particular application. I have also, in the treatment of Ribbentrop’s urging the Japanese to war against the U.S.S.R., gone beyond the dates of 7 December and 11 December 1941, when the Japanese and German Governments respectively initiated and declared aggressive war against the United States.
Apart from the advantage and convenience of presentation, these documents have indicated the Nazi awareness and acceptance of the direction in which their actions were leading, as well as the universal aspects of their conspiracy and of their alliance with the Japanese. Their intentions against the United States must be viewed in the focus of both their over-all plan and their immediate commitments elsewhere. That their over-all plan involved ultimate aggressive war against the United States was intimated by the Defendant Göring in a speech on 8 July 1938, when these conspirators had already forcibly annexed Austria and were perfecting their plans against Czechoslovakia.
This speech was delivered to representatives of the aircraft industry, and the copy that we have was transmitted as the enclosure to a secret memorandum from Göring’s adjutant to General Udet, who was then in charge of experimental research for the Luftwaffe. It is contained in our Document R-140, which I now offer as Exhibit USA-160.
I invite the Tribunal’s attention to the statement in the covering memorandum that the enclosure is a copy of the shorthand minutes of the conference. I shall not go through the long speech in which Göring called for increased aircraft production and pointed to the necessity for full mobilization of German industrial capacity. I wish to quote just two sentences, which appear on Page 33 of the German text and Page 11 of the English translation. Quoting from the second full paragraph on Page 11 of the English translation, starting with the third sentence from the end of the paragraph:
“I still lack these rocket-motors which could make such flights possible. I completely lack the bombers capable of round-trip flights to New York with a 5-ton bomb load. I would be extremely happy to possess such a bomber which would at last stuff the mouth of arrogance across the sea.”
Göring’s fervent hope, of course, was not capable of realization at that time, either technically or in the fact of the Nazi conspirators’ schedule of aggression that has been outlined here in the past several days.
During the period of their preparation for and the waging of aggressive war in Europe, up to the launching of the campaign against the U.S.S.R., it is only reasonable to believe that these conspirators were not disposed to involve the United States in war at that time. Nevertheless, even in the fall of 1940 the prosecution of war against the United States of America at a later date was on the military agenda. This is clearly shown in a document which we have found in the files of the OKL, the German Air Force files. It is Document 376-PS, which I now offer as Exhibit Number USA-161. This document is a memorandum marked “Chefsache,” the German designation for top secret, from a Major Von Falkenstein to an unspecified general, presumably a Luftwaffe general.
Falkenstein, who was a major of the General Staff, was at that time the Luftwaffe liaison officer with the Operations Staff of the OKW, which was the staff headed by the Defendant Jodl. His memorandum, which he characterizes as a “brief résumé on the military questions current here,” is dated the 29th of October 1940. It covers several questions. I shall quote to you numbered Paragraph 5, which appears at the bottom of the first page of the English translation and carries over to the reverse side of the one-sheet document:
“5) The Führer is at present occupied with the question of the occupation of the Atlantic islands with a view to the prosecution of a war against America at a later date. Deliberations on this subject are being embarked upon here. Essential conditions are at the present:
“(a) No other operational commitment; (b) Portuguese neutrality; (c) support of France and Spain.
“A brief assessment of the possibility of seizing and holding air bases and of the question of supply is needed from the GAF.”—or the German Air Force.
The Nazis’ military interest in the United States is further indicated by Paragraph 7 which I read:
“General Bötticher has made repeated reference, especially in his telegram 2314, dated 26th of October, to the fact that in his opinion too many details of our knowledge of American aircraft industry are being published in the German press. The matter has been discussed at Armed Forces Supreme Command. I pointed out that the matter was specifically a GAF one but have taken the liberty of referring the matter to you on its own merits.”
Again, in July 1941, in his first flush of confidence resulting from early gains in the aggression against the U.S.S.R., the Führer signed an order for further preliminary preparations for the attack on the United States. This top-secret order, found in the files of the German Navy, is our Document C-74, which I now offer as Exhibit USA-162. I read from the first paragraph of that text just preceding the paragraph numbered (1):
“By virtue of the intentions announced in Directive Number 32, for the further conduct of the war, I lay down the following principles to govern the strength of personnel and of material supplies:
“(1) In general:
“The military domination of Europe after the defeat of Russia will enable the strength of the Army to be considerably reduced in the near future. As far as the reduced strength of the Army will allow, the armored units will be greatly increased.
“Naval armament must be restricted to those measures which have a direct connection with the conduct of the war against England and, should the case arise, against America.
“The main effort in armament will be shifted to the Air Force, which must be greatly increased in strength.”
From these documents it appears that the Nazi conspirators were making at least preliminary plans of their own against the United States. The Nazis’ over-all plan with regard to the United States was, however, a complex one involving, in addition, collaboration with the Japanese. In the course of their repeated representations to the Japanese to undertake an assault against British possessions in the Pacific Far East, they again considered war against the United States.
I now refer again to Basic Order Number 24, regarding collaboration with Japan. This is our Document C-75, which I have put in as Exhibit USA-151. I have read it in its entirety into the record. The Tribunal will recall that in that basic order, which was issued on 5 March 1941, the Nazi policy was stated in Subparagraph (3) (a) as “forcing England to the ground quickly and thereby keeping the United States out of the war.”
Nevertheless, the Nazi conspirators clearly contemplated, within the framework of that policy, the possibility of the United States’ entry into the Far Eastern conflict which the Nazis were then instigating. This could result from an attack by Japan on possessions of the United States practically simultaneously with the assault on the British Empire, as actually happened. Other possibilities of involvement of the United States were also discussed. This Basic Order Number 24 stated—and I am referring to Subparagraph (3) (c), on the top of Page 2 of the Document C-75:
“(c) The raw material situation of the pact powers demands that Japan should acquire possession of those territories which it needs for the continuation of the war, especially if the United States intervenes. Rubber shipments must be carried out even after the entry of Japan into the war, since they are of vital importance to Germany.”
The order continues in an unnumbered paragraph, immediately below Subparagraph (3) (d):
“In addition, attacks on other systems of bases of British naval power—extending to those of American naval power only if the entry of the United States into the war cannot be prevented—will result in weakening the enemy’s system of power in that region and also, just like the attack on sea communications, in tying down substantial forces of all kinds (Australia).”
In these passages there is a clear envisagement of United States involvement, as well as a clear intent to attack. The vital threat to United States interests, if Japan were to capture Singapore, was also envisaged by the Defendant Raeder in his meeting of 18 March 1941 with Hitler and the Defendants Keitel and Jodl. These minutes are contained in our Document C-152, which has already been put in as Exhibit GB-122. I wish now to repeat the four sentences of Item 11 of the minutes of that conference, contained on Page 1 of the English translation. I am quoting the Defendant Raeder:
“Japan must take steps to seize Singapore as soon as possible, since the opportunity will never again be so favorable (tie-up of the whole English Fleet; unpreparedness of the U.S.A. for war against Japan, inferiority of the United States Fleet in comparison with the Japanese). Japan is indeed making preparations for this action, but according to all declarations made by Japanese officers, she will carry it out only if Germany proceeds to land in England. Germany must, therefore, concentrate all her efforts on spurring Japan to act immediately. If Japan has Singapore, all other East Asiatic questions regarding the U.S.A. and England are thereby solved (Guam, the Philippines, Borneo, and the Dutch East Indies).
“Japan wishes, if possible, to avoid war against the U.S.A. She can do so if she determinedly takes Singapore as soon as possible.”
The Defendant Ribbentrop also recognized the possibility of United States involvement as a result of the course of aggression that he was urging on the Japanese. I refer again to his meeting of 23 February 1941 with the Japanese Ambassador Oshima, the notes of which are contained in our Document 1834-PS, which is in evidence as Exhibit USA-129.
The Tribunal will recall that in a passage I have already read, Subparagraph (2) near the bottom of Page 3 of the English translation, Ribbentrop assured Matsuoka that a surprise by Japan was bound to keep the United States out of the war since she was unarmed and could not risk either her fleet or the possibility of losing the Philippines as the result of a declaration of war. Two paragraphs later Ribbentrop practically dropped the pretense that the United States would not be involved. I quote here from the last paragraph at the bottom of Page 3 of the English translation:
“The Reich Foreign Minister mentioned further that if America should declare war because of Japan’s entry into the war, this would mean that America had the intention to enter the war sooner or later anyway. Even though it would be preferable to avoid this, the entry into the war would, as explained above, be by no means decisive and would not endanger the final victory of the countries of the Three Power Pact. The Foreign Minister further expressed his belief that a temporary lift of the British morale caused by America’s entry into the war would be canceled by Japan’s entry into the war. If, however, contrary to all expectations, the Americans should be careless enough to send their navy, in spite of all, beyond Hawaii and to the Far East, this would represent the biggest chance for the countries of the Three Power Pact to bring the war to an end with the greatest rapidity. He—the Foreign Minister—is convinced that the Japanese Fleet would then do a complete job. Ambassador Oshima replied to this that unfortunately he does not think the Americans would do it, but he is convinced of a victory of his fleet in Japanese waters.”
In the paragraphs that follow, some of which have already been read into the record, Ribbentrop again stressed the mutual inter-dependence of the Tripartite Pact powers and suggested co-ordinated action.
I want to quote now only the last paragraph on Page 5, a difficult bit of Nazi cynicism which by now is quite familiar.
“The Reich Foreign Minister then touched upon the question, explicitly designated as theoretical, that the contracting powers might be required, on the basis of new affronts by the U.S.A., to break off diplomatic relations. Germany and Italy were fundamentally determined on this. After signing of the Three Power Pact, we should proceed, if the occasion arises, also jointly in this matter. Such a lesson should open the eyes of the people in the United States, and under certain conditions swing public opinion towards isolation. Naturally a situation had to be chosen in which America found herself entirely in the wrong. The common step of the signatory powers should be exploited correspondingly in propaganda. The question, however, was in no way acute at the time.”
Again, on 29 March 1941, Ribbentrop, this time in a conference with the Japanese Foreign Minister Matsuoka, discussed the possible involvement of the United States. Notes of this conference are contained in our Document 1877-PS, which I have already introduced as Exhibit USA-152; and I have read it into the record. The relevant statements appear in the bottom two paragraphs of Page 1 and the first full paragraph on Page 2 of the English translation. I shall not take the Tribunal’s time to read them again.
I should like to refer to one more document to show that the Nazi conspirators knew that the aggressive war they were urging the Japanese to undertake both threatened the vital interests of the United States and could lead to the United States’ involvement in the contemplated Far Eastern conflict. This document is our 1881-PS, report of the conference between Hitler and the Japanese Foreign Minister Matsuoka in Berlin on 4 April 1941. I have already offered, in my opening statement to the Tribunal 2 weeks ago, Document 1881-PS as Exhibit USA-33; and I read at that time a considerable portion of it into the record. Unless the Court prefers that I do not do so, it seems to me desirable at this point to re-read a few brief passages.
THE PRESIDENT: I think we might treat it as being in evidence.
MR. ALDERMAN: I wish to emphasize, however, that the passages which I read 2 weeks ago and which I had expected to re-read at this point show not only a realization of the probable involvement of the United States in the Far Eastern conflict that the Nazis were urging, but also a knowledge on their part that the Japanese Army and Navy were actually preparing war plans against the United States. Furthermore, we have a document that shows the Nazis knew at least a part of what those war plans were.
I now refer again to Document Number 1538-PS, which has been offered in evidence as Exhibit USA-154, the secret telegram from the German Military Attaché in Tokyo, dated 24 May 1941. He talks about the conferences he has had regarding Japan’s entry in the war in the event Germany should become involved in war with the United States.
In the paragraph numbered 1 this sentence also appears—I quote the last sentence in numbered Paragraph Number 1, “Preparations for attack on Singapore and Manila stand.”
May I at this point review the Nazi position with regard to the United States at this time, the spring of 1941. In view of their pressing commitments elsewhere and their aggressive plans against the U.S.S.R. set for execution in June of 1941, their temporary strategy was naturally a preference that the United States not be involved in the war at that time. Nevertheless, they had been considering their own preliminary plan against the United States, as seen in the Atlantic island document which I offered.
They were repeatedly urging the Japanese to aggression against the British Commonwealth just as they would urge them to attack the U.S.S.R. soon after the launching of the Nazi invasion of the Soviet Union. They were aware that the course along which they were pushing the Japanese in the Far East would probably lead to involvement of the United States. Indeed, the Japanese Foreign Minister had told Hitler this in so many words, and their own military men had fully realized the implications of the move against Singapore. They also knew that the Japanese Army and Navy were preparing operation plans against the U.S. They knew at least part of those plans.
The Nazi conspirators not only knew all these things; they accepted the risk of the aggressive course they were urging on the Japanese and pushed their eastern allies still further along that course.
In April 1941 Hitler told the Japanese Foreign Minister that in the event Japan would have become involved in the war with the United States, Germany would immediately take the consequences and strike without delay.
I refer to our Document 1881-PS, the notes of the Hitler-Matsuoka conference in Berlin on 4 April 1941, which has already been introduced as Exhibit Number USA-33. I refer particularly to the first four paragraphs on Page 2 of the English translation. I think that has been read to you at least twice, and I perhaps need not repeat it.
Then, skipping two paragraphs, we see Hitler then encouraging Matsuoka in his decision to strike against the United States; and I invite your attention to the fourth paragraph on Page 2, which you have heard several times and which I shall not re-read.
Here in those passages were assurance, encouragement, and abetment by the head of the German State, the leading Nazi co-conspirator, in April 1941. But the Nazi encouragement and promise of support did not end there.
I now offer our Document 2898-PS as Exhibit Number USA-163. This is another telegram from the German Ambassador in Tokyo regarding his conversation with the Japanese Foreign Minister. It is dated the 30th of November 1941, exactly 1 week before Pearl Harbor. I will read from the first four paragraphs on Page 2 of the German text, which is the first paragraph of the English translation; and this passage, I am sure, has not been read to the Tribunal. No part of this document has been read.
“The progress of the negotiations so far confirms his viewpoint that the difference of opinion between Japan and the U.S. is very great. The Japanese Government, since they sent Ambassador Kurusu, have taken a firm stand as he told me. He is convinced that this position is in our favor, and makes the United States think that her entry into the European war would be risky business. The new American proposal of 25 November showed great divergencies in the viewpoints of the two nations. These differences of opinion concern, for example, the further treatment of the Chinese question. The biggest”—and then the German text has the legend “one group missing,” indicating that one group of the secret code was garbled on transmission. It would appear from the text that the missing words are “difference of opinion”—“The biggest (one group missing), however, resulted from the United States attempt to make the three-power agreement ineffective. The United States suggested to Japan that she conclude treaties of non-aggression with the United States, the British Empire, the Soviet Union, and other countries in order to prevent Japan’s entry into the war on the side of the Axis Powers. Japan, however, insisted upon maintaining her treaty obligations, and for this reason American demands are the greatest obstacles for adjusting Japanese-American relations. He avoided discussing concessions promised by the United States and merely mentioned that grave decisions were at stake.
“The United States is seriously preparing for war and is about to operate a considerable part of its navy from southern Pacific bases. The Japanese Government are busy working out an answer in order to clarify their viewpoint. But he has no particulars at that moment. He thinks the American proposals as a whole unacceptable.
“Japan is not afraid of a breakdown of negotiations, and she hopes that if occasion arises Germany and Italy, according to the Three Power Pact, would stand at her side. I answered that there could be no doubt about Germany’s future position. The Japanese Foreign Minister thereupon stated that he understood from my words that Germany, in such a case, would consider her relationship to Japan as that of a union by fate. I answered, according to my opinion, Germany was certainly ready to have mutual agreement between the two countries over this situation.
“The Minister of Foreign Affairs answered that it was possible that he would come back to this point soon. The conversation with the Minister of Foreign Affairs confirmed the impression that the United States note, in fact, is very unsatisfactory even for the compromise-seeking politicians here. For these circles America’s position, especially in the China question, is very disappointing. The emphasis upon the Three Power Pact as being the main obstacle between successful Japanese-United States negotiations seems to point to the fact that the Japanese Government are becoming aware of the necessity of close co-operation with the Axis Powers.”
The time is now fast approaching for that day of infamy. I offer our Document 2987-PS as Exhibit USA-166. This document consists of extracts from the handwritten diary of Count Galeazzo Ciano during the period 3 December to 8 December 1941. It consists of notes he jotted down in the course of his daily business as Foreign Minister of Italy. The Italian has been translated into both English and German, and copies of both the English and the German are in the document books.
I now quote from the beginning of the entry of 3 December, Wednesday:
“Sensational move by Japan. The Ambassador asks for an audience with the Duce and reads him a long statement on the progress of the negotiations with America, concluding with the assertion that they have reached a dead end. Then invoking the appropriate clause in the Tripartite Pact, he asks that Italy declare war on America immediately after the outbreak of hostilities and proposes the signing of an agreement not to conclude a separate peace. The interpreter translating this request was trembling like a leaf. The Duce gave fullest assurances, reserving the right to confer with Berlin before giving a reply. The Duce was pleased with the communication and said, ‘We are now on the brink of the inter-continental war which I predicted as early as September 1939.’ What does this new event mean? In any case it means that Roosevelt has succeeded in his maneuver. Since he could not enter the war immediately and directly, he entered it indirectly by letting himself be attacked by Japan. Furthermore, this event also means that every prospect of peace is becoming further and further removed and that it is now easy—much too easy—to predict a long war. Who will be able to hold out longest? It is on this basis that the problem must be considered. Berlin’s answer will be somewhat delayed because Hitler has gone to the southern Front to see General Kleist, whose armies continue to give way under the pressure of an unexpected Soviet offensive.”
And then December 4, Thursday—that is 3 days before Pearl Harbor:
“Berlin’s reaction to the Japanese move is extremely cautious. Perhaps they will accept because they cannot get out of it, but the idea of provoking America’s intervention pleases the Germans less and less. Mussolini, on the other hand, is pleased about it.”
And December 5, Friday:
“A night interrupted by Ribbentrop’s restlessness. After delaying 2 days, now he cannot wait a minute to answer the Japanese; and at three in the morning he sent Mackensen to my house to submit a plan for a triple agreement relative to Japanese intervention and the pledge not to make a separate peace. He wanted me to awaken the Duce, but I did not do so, and the latter was very glad I had not.”
It appears from the last entry I have read, that of December 5, that some sort of an agreement was reached.
On Sunday, 7 December 1941, Japan, without previous warning or declaration of war, commenced an attack against the United States at Pearl Harbor and against the British Commonwealth of Nations in the Southwest Pacific. On the morning of 11 December, 4 days after the Japanese assault in the Pacific, the German Government declared war on the United States, committing the last act of aggression which was to seal their doom. This declaration of war is contained in Volume IX of the Dokumente der Deutschen Politik, of which I now ask the Tribunal to take judicial notice as Exhibit USA-164. An English translation is contained in our document book, and for the convenience of the Tribunal is Number 2507-PS.
The same day, 11 December, the fourth anniversary of which is tomorrow, the Congress of the United States resolved:
“That the state of war between the United States and the Government of Germany which has thus been thrust upon the United States, is hereby formally declared.”
This declaration is contained as Document 272 in the official publication Peace and War, of which the Tribunal has already taken judicial notice as Exhibit USA-122. The declaration itself has been reproduced for the document books as our Document 2945-PS.
It thus appears that, apart from their own aggressive intentions and declaration of war against the United States, the Nazi conspirators in their collaboration with Japan incited and kept in motion a force reasonably calculated to result in an attack on the United States. While maintaining their preference that the United States not be involved in war at the time, they nevertheless foresaw the distinct possibility, even probability, of such involvement as a result of the action they were encouraging. They were aware that the Japanese had prepared plans for attack against the United States, and they accepted the consequences by assuring the Japanese that they would declare war on the United States should a United States-Japanese conflict result.
In dealing with captured documents of the enemy the completeness of the plan is necessarily obscured, but those documents which have been discovered and offered in evidence before this Tribunal show that the Japanese attack was the proximate and foreseeable consequence of their collaboration policy and that their exhortations and encouragement of the Japanese as surely led to Pearl Harbor as though Pearl Harbor itself had been mentioned.
I should like to read the Ciano diary entry for 8 December, the day after Pearl Harbor:
“A night telephone call from Ribbentrop. He is overjoyed about the Japanese attack on America. He is so happy about it that I am happy with him, though I am not too sure about the final advantages of what has happened. One thing is now certain, that America will enter the conflict and that the conflict will be so long that she will be able to realize all her potential forces. This morning I told this to the King who had been pleased about the event. He ended by admitting that, in the long run, I may be right. Mussolini was happy, too. For a long time he has favored a definite clarification of relations between America and the Axis.”
The final document consists of the top-secret notes of a conference between Hitler and Japanese Ambassador Oshima on 14 December 1941, from 1300 to 1400 hours, in the presence of the Reich Foreign Minister Ribbentrop. It is our Document 2932-PS, which I now offer as Exhibit USA-165. The immediate subject matter is the Pearl Harbor attack, but the expressions therein typify Nazi technique. I quote from the second paragraph of the English translation which has not been previously read:
“First the Führer presents Ambassador Oshima with the Grand Cross of the Order of Merit of the German Eagle in gold. With cordial words he acknowledges his services in the achievement of German-Japanese co-operation, which has now obtained its culmination in a close brotherhood of arms.
“General Oshima expresses his thanks for the great honor and emphasizes how glad he is that this brotherhood of arms has now come about between Germany and Japan.
“The Führer continues: ‘You gave the right declaration of war.’ This method is the only proper one. Japan pursued it formerly and it corresponds with his own system, that is, to negotiate as long as possible. But if one sees the other is interested only in putting one off, in shamming and humiliating one, and is not willing to come to an agreement, then one should strike as hard as possible, indeed, and not waste time declaring war. It was heart-warming to him to hear of the first operations of the Japanese. He himself negotiated with infinite patience at times, for example, with Poland and also with Russia. When he then realized that the other did not want to come to an agreement, he struck suddenly and without formality. He would continue to go on this way in the future.”
If the Tribunal please, that ends my presentation of the various phases of aggressive warfare charged as Crimes against Peace in Count One of the Indictment. As I conclude this phase I hope the Tribunal will allow me to express my deep sense of obligation to Commander Sidney J. Kaplan, section chief, and to the members of his staff, who did the yeoman work necessary to assemble and prepare these materials that I have presented. These members of that staff, in the order in which the materials were presented, are: Major Joseph Dainow, Lieutenant Commander Harold Leventhal, Lieutenant John M. Woolsey, Lieutenant James A. Gorrell, Lieutenant Roy H. Steyer.
Commander Kaplan and his staff have fully measured up to the famous motto of his branch of the armed services, the United States Coast Guard, “Semper Paratus” (Always Prepared).
THE PRESIDENT: The Tribunal will now adjourn.